Limits police use of victim DNA samples

Existing law requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law requires that a DNA specimen and sample be destroyed and that a searchable database profile be expunged from that databank program if the person from whom the specimen or sample was collected has no past or present offense or pending charge that qualifies that person for inclusion in the database and if that person submits an application, as specified, and gives the court discretion to grant or deny the application.

This bill would create procedures for reference samples of DNA from a victim to a crime or alleged crime, and to reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion, as defined. The bill would require those procedures to include, among other things, requiring that law enforcement agencies use these samples only for purposes directly related to the incident being investigated, prohibiting law enforcement agencies from comparing these samples with samples that do not relate to the incident being investigated, and prohibiting law enforcement agencies from including these samples in databases that allow the samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. The bill would specify that these provisions do not prevent crime laboratories from collecting, retaining, and using specified DNA profiles for comparison purposes in multiple cases. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 680 of the Penal Code proposed by SB 916 to be operative only if this bill and SB 916 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.